This case was last updated from Los Angeles County Superior Courts on 10/09/2020 at 04:21:13 (UTC).

HAYK MELKUMYAN VS. ELMER A. DIAZ, ET AL

Case Summary

On 06/04/2018 HAYK MELKUMYAN filed a Contract - Other Contract lawsuit against ELMER A DIAZ. This case was filed in Los Angeles County Superior Courts, Van Nuys Courthouse East located in Los Angeles, California. The Judges overseeing this case are JAMES A. KADDO, ELAINE W. MANDEL and SHIRLEY K. WATKINS. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7326

  • Filing Date:

    06/04/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Van Nuys Courthouse East

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JAMES A. KADDO

ELAINE W. MANDEL

SHIRLEY K. WATKINS

 

Party Details

Plaintiff

MELKUMYAN HAYK

Defendants

DOES 1 THROUGH 50 INCLUSIVE

KELCAPITAL INVESTMENTS LLC A CALIFORNIA

DIAZ ELMER A. AN INDIVIDUAL

DIAZ ELMER

KELCAPITAL INVESTMENTS LLC A CALIFORNIA LIMITED LIABILITY COMPANY

DIAZ ELMER A.

Attorney/Law Firm Details

Plaintiff Attorney

YACOUBIAN TALIN V

 

Court Documents

Notice - NOTICE OF TAKING PLAINTIFF HAYK MELKUMYAN'S MOTION FOR SUMMARY JUDGMENT OFF CALENDAR

9/18/2020: Notice - NOTICE OF TAKING PLAINTIFF HAYK MELKUMYAN'S MOTION FOR SUMMARY JUDGMENT OFF CALENDAR

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 05/12/2020

5/12/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 05/12/2020

Minute Order - MINUTE ORDER (COURT ORDER RE CONTINUANCE)

3/30/2020: Minute Order - MINUTE ORDER (COURT ORDER RE CONTINUANCE)

Notice - NOTICE OF NON-OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

3/13/2020: Notice - NOTICE OF NON-OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

Notice Re: Continuance of Hearing and Order

3/17/2020: Notice Re: Continuance of Hearing and Order

Declaration - DECLARATION OF HAYK MELKUMYAN IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

12/27/2019: Declaration - DECLARATION OF HAYK MELKUMYAN IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

Order - ORDER ON SUBMITTED MATTER RE: REQUEST FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS, ORDER CONTINUING TRIAL AND FSC

10/2/2019: Order - ORDER ON SUBMITTED MATTER RE: REQUEST FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS, ORDER CONTINUING TRIAL AND FSC

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS)

10/2/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS)

Notice - NOTICE OF NON-OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL

6/5/2019: Notice - NOTICE OF NON-OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL

Order - ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL

6/12/2019: Order - ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL

Civil Case Cover Sheet

6/4/2018: Civil Case Cover Sheet

Summons

6/4/2018: Summons

Complaint

6/4/2018: Complaint

Answer -

7/9/2018: Answer -

Request for Entry of Default / Judgment -

7/20/2018: Request for Entry of Default / Judgment -

Order on Court Fee Waiver (Superior Court) -

7/20/2018: Order on Court Fee Waiver (Superior Court) -

Minute Order - Minute Order (Case Management Conference)

10/22/2018: Minute Order - Minute Order (Case Management Conference)

Notice of Case Reassignment and Order for Plaintiff to Give Notice -

9/27/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice -

50 More Documents Available

 

Docket Entries

  • 12/16/2020
  • Hearing12/16/2020 at 08:30 AM in Department T at 6230 Sylmar Ave., Van Nuys, CA 91401; Trial Setting Conference

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  • 09/22/2020
  • Docketat 09:30 AM in Department T, Shirley K. Watkins, Presiding; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court

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  • 09/18/2020
  • DocketNotice (of Taking Plaintiff Hayk Melkumyan's Motion for Summary Judgment Off Calendar); Filed by Hayk Melkumyan (Plaintiff)

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  • 08/27/2020
  • DocketNotice of Ruling; Filed by Hayk Melkumyan (Plaintiff)

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  • 08/21/2020
  • Docketat 09:30 AM in Department T, Shirley K. Watkins, Presiding; Hearing on Motion for Summary Judgment - Held - Continued

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  • 08/21/2020
  • Docketat 08:30 AM in Department T, Shirley K. Watkins, Presiding; Trial Setting Conference - Held - Continued

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  • 08/21/2020
  • Docketat 08:30 AM in Department T, Shirley K. Watkins, Presiding; Hearing on Motion for Summary Judgment - Not Held - Continued - Court's Motion

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  • 08/21/2020
  • DocketMinute Order ( (Trial Setting Conference; Hearing on Motion for Summary Judgment)); Filed by Clerk

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  • 08/18/2020
  • DocketNotice (of Continuance of Hearing on Plaintiff's Motion for Summary Judgment and Trial Setting Conference); Filed by Hayk Melkumyan (Plaintiff)

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  • 08/11/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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85 More Docket Entries
  • 07/09/2018
  • DocketAnswer; Filed by Elmer A. Diaz (Defendant)

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  • 07/09/2018
  • DocketRequest to Waive Court Fees

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  • 07/09/2018
  • DocketRequest-Waive Court Fees

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  • 07/09/2018
  • DocketAnswer

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  • 06/13/2018
  • DocketProof of Service of Summons and Complaint; Filed by Hayk Melkumyan (Plaintiff)

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  • 06/13/2018
  • DocketProof of Service of Summons and Complaint; Filed by Hayk Melkumyan (Plaintiff)

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  • 06/04/2018
  • DocketSummons; Filed by null

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  • 06/04/2018
  • DocketComplaint; Filed by Hayk Melkumyan (Plaintiff)

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  • 06/04/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 06/04/2018
  • DocketCivil Case Cover Sheet; Filed by Hayk Melkumyan (Plaintiff)

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Tentative Rulings

Case Number: LC107326    Hearing Date: September 22, 2020    Dept: T

HAYK MELKUMYAN,

Plaintiff,

vs.

ELMER DIAZ; et. al.

Defendants.

CASE NO: LC107326

[TENTATIVE] ORDER RE:

MOTION FOR SUMMARY JUDGMENT

Dept. T

8:30 a.m.

9/22/20

[TENTATIVE] ORDER: The Motion for Summary Judgment is GRANTED.

  1. Introduction

    Plaintiff Hayk Melkumyan (“Plaintiff”) moves for summary judgment (“MSJ”) on the Complaint and against Defendant Elmer Diaz (“Defendant”) only. There is no opposition filed and Plaintiff filed a notice of non-opposition.

  2. Discussion

Plaintiff argues that there is no triable issue of material facts as to the contract-based and tort-based claims. In summary on the contract-based claims, Plaintiff provides evidence as to the parties’ entry into the note, Defendant’s breach in failing to repay, Plaintiff’s performance in funding the loan and Plaintiff’s damages. As to the tort-based claims, Plaintiff provides evidence as to Defendant’s fraudulent promises and inducements to place Plaintiff’s deed of trust securing the loan in second position. However, the promises and inducements were false, and Defendant had knowledge of the falsity. Plaintiff was placed in third position and the second trust deed holder foreclosed wiping out Plaintiff’s security. Plaintiff relied upon Defendant’s representations and entered the loan. Plaintiff met his initial burden on the motion based upon the evidence submitted. The burden transfers to Defendant to show a triable issue of fact exists. Defendant failed to file an opposition and thus did not meet his burden. The motion is persuasive.

However, the court has concern on the issue of damages.  Specifically, the court is concerned about the rate of interest being charged and usury laws.  Plaintiff was invited to file additional briefing.  It is likely that the court will set a hearing on the issues of damages.  The parties and witnesses may appear remotely.

Case Number: LC107326    Hearing Date: August 21, 2020    Dept: T

HAYK MELKUMYAN,

Plaintiff,

vs.

ELMER DIAZ; et. al.

Defendants.

CASE NO: LC107326

[TENTATIVE] ORDER RE:

MOTION FOR SUMMARY JUDGMENT

Dept. T

8:30 a.m.

8/21/20

[TENTATIVE] ORDER: The Motion for Summary Judgment is GRANTED.

  1. Introduction

    Plaintiff Hayk Melkumyan (“Plaintiff”) moves for summary judgment (“MSJ”) on the Complaint and against Defendant Elmer Diaz (“Defendant”) only. There is no opposition filed and Plaintiff filed a notice of non-opposition.

  2. Discussion

Plaintiff argues that there is no triable issue of material facts as to the contract-based and tort-based claims. In summary on the contract-based claims, Plaintiff provides evidence as to the parties’ entry into the note, Defendant’s breach in failing to repay, Plaintiff’s performance in funding the loan and Plaintiff’s damages. As to the tort-based claims, Plaintiff provides evidence as to Defendant’s fraudulent promises and inducements to place Plaintiff’s deed of trust securing the loan in second position. However, the promises and inducements were false, and Defendant had knowledge of the falsity. Plaintiff was placed in third position and the second trust deed holder foreclosed wiping out Plaintiff’s security. Plaintiff relied upon Defendant’s representations and entered the loan. Plaintiff met his initial burden on the motion based upon the evidence submitted. The burden transfers to Defendant to show a triable issue of fact exists. Defendant failed to file an opposition and thus did not meet his burden. The motion is persuasive.

MOVING PARTY TO SUBMIT ORDER FOR ENTRY OF JUDGMENT AND PROPOSED JUDGMENT.

IT IS SO ORDERED, ____________________ TO GIVE NOTICE.